1409 Star Based DevelopmentPURCHASING DEPARTMENT
TRANSMITTAL MEMORANDUM
To: City Clerk
RE: Material and Workmanship Bond Section 00615 -1 Star Base Dev Co IFB 10/11/09
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
❑
Development Order
❑
Mayor's signature
❑
Final Plat (original mylars)
❑
Recordi
❑
Letter of Credit
en ering
F
Maintenance Bond
Safe keeping (Vau
❑
Ordinance
❑
Performance Bond
❑
Payment Bond
❑
Resolution
❑
City Manager Signature
❑
❑
City Clerk Attest/Signature
Once completed, please:
® Return originals to Purchasing
❑ Return copies
El
Special Instructions:
r
Marisol Ordonez
From
Date
T:\Dept—forms\City Clerk Transmittal Memo - 2009.doc
Bond No. 54- 184749 SECTION 00615
MATERIAL AND WORKMANSHIP BOND
KNOW ALL MEN BY THESE PRESENTS:
Star Base
THAT WE Development Company, Inc. , hereinafter referred to as "Contractor" and -
United Fire & Casualty Company hereinafter referred to as 'Surety` are held and firmly
bound unto City of Sanford , hereinafter referred to as the OWNER in
the sum of ten percent (10 %) of the Contract Price as adjusted under the Contract Documents.
The Final Contract Price is $170,133.00----------- - - - - -- . therefore Contractor and Surety are held
and firmly bound unto OWNER the sum of Seventeen Thousand Thirteen and 30 /10oDollars ($17,013.30
_ 1 for the payment of which we bind ourselves, heirs, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, Contractor has constructed certain improvements, including roads,
stormwater facility, landscape, and other appurtenances in that certain Project known as Oak
Avenue Stormwat_er Pond (IFB 10111 -09) and
WHEREAS, the aforesaid Improvements were made pursuant to an Agreement dated
August 8 , 2011 and filed with the Purchasing Office of
OWNER; and
WHEREAS, the Contractor warrants and guarantees to the OWNER that all work, labor,
materials, equipment and services furnished and performed has been done in a good and
workmanlike manner and is of the highest quality, free from defects; and
WHEREAS, Contractor is obligated to protect the OWNER against any defects resulting
from faulty Materials or Workmanship of said improvements and to maintain said improvements
for a period of two (2) years from the date of Final Completion under the Contract Documents,
which is January 10, 2012
NOW THEREFORE, the conditions of this obligation is such that if Contractor shall
promptly and faithfully protect the OWNER against any Defects resulting from faulty Materials
and Workmanship of the aforesaid improvements and maintain said improvements for a period
of two (2) years from the date of Final completion, then this obligation shall be null and void,
otherwise it shall remain in full force and effect.
The OWNER shall notify the Contractor in writing of any Defect for which the Contractor is
responsible and shall specify in said notice a reasonable period of time within which Contractor
shall have to correct sold Defect.
The Surety unconditionally covenants and agrees that if the Contractor fails to perform,
within the time specified, the Surety, upon thirty (30) days written notice from OWNER, or its
authorized agent or officer, of the failure to perform will correct such Defect or Defects and pay
the cost thereof, including, but not limited to engineering, legal and contingent costs. Should the
Surety fail or refuse to correct said Defects, the OWNER, in view of the public Interest, health,
safety, welfare and factors involved, shall have the right to resort to any and all legal remedies
00615 -1
sveaUeOM509
against the Contractor and Surety and either, both at law and in equity, including specifically,
specific performance to which the Contractor and Surety unconditionally agree.
The Contractor and Surety further jointly and severally agree that the OWNER at its option,
shall have the right to correct said Defects resulting from faulty Materials or Workmanship, or,
pursuant to public advertisement and receipt of Bids, cause to be corrected any Defects or said
Defects in case the Contractor shall fail or refuse to do so, and in the event the OWNER should
exercise and give effect to such right, the Contractor and the Surety shall jointly and severally
hereunder reimburse the OWNER the total cost thereof, including, but not limited to,
engineering, legal and contingent costs, together with any damages either direct or consequent
which may be sustained on account of the failure of the Contractor to correct said defects.
IN WITNESS WHEREOF, this instrument Is executed this the 1 st day of February
2012
CONTRACTOR Signatory Authority
ATTE
S ( Conntractor)
pal a
Typed Name
(CORPORATE SEAL)
Star Base Development Company, Inc
Contractor Si natory Authority
By (Signature) I
Typed Dav:O (1 �u V lA/ I
Typed Name and Title
3434 US Highway 1
Address
JA-A r V64
Hess to Contractor)
Typed Name
ATTES
(Surety) Secretary'
Mims, FL 32754
City, State, Zip
(321) 383 -9520 (321) 383 -1465
Telephone No. Facsimile No.
United Fire & Casualty Company
Surety
Susan L. Reich
Typed Name
RPORATE SEAL)
Witness as to Surety
(319) 399 -5700 (319) 399 -5425
Telephone No. Facsimile No.
B
Attorney -in -Fact Teresa L. Durham
and Florida Licensed Resident Agent
Inquiries: (407) 786 -7770
00615 -2
VECUeooIwo
Gloria A. Richards
Typed Name
Witness as to Surety
Lisa Roseland
Typed Name
Teresa L. Du rham
Typed Name
PO Box 7 3909
Address
Cedar Rapids, IA 52407 -3909
City, State, Zip
(319) 399 -5700 (319) 399 -5425
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a Joint
venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners
shall execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
of Florida, unless otherwise specifically approved in writing by OWNER.
ATTACH a certified Power -of- Attorney appointing individual Attomey -in -Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
00615 -3
SPECU IN0
UNITED FIRE & CASUALTY COMPANY
HOME OFFICE - CEDAR RAPIDS, IOWA
CERTIFIED COPY OF POWER OF ATTORNEY
(Original on file at Home Office of Company - See Certification)
KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and
existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids,, State of Iowa, does make, constitute and
appoint LESLIE M_DONAHUE, OR KIM E NIV OR JEFFREY W REICH, OR SUSAN L REICH, OR <TERESA L DURHAM, OR
PATRICIA 'L SLAUGHTER, OR J GREGORY MACKENZIE, =OR GLORIA A RICHARDS, OR DON BRAMLAGE, OR LISA'
ROSELAND, OR CHERYL FOLEY, ALL INDIVIDUALLY of MAITLAND FL
its true and lawful Attorneys) -in -Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful
bonds, undertakings and other obligatory instruments of similar nature as follows: Al 1 bonds not to exceed $25,000, 000.00
and to. bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by
the duly authorized officers of UNITED FIRE &'CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority
hereby given are hereby ratified and confirmed.
The Authority hereby granted is continuous and shall: remain in full force < and effect until revoked by UNITED FIRE &
CASUALTY COMPANY.
This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by Board of
Directors of the Company on April 18;' 1973.
"Article V - Surety Bonds and Undertakings"
Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company may,
from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies
of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized
hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or
certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company' as the
original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed. Such attorneys -in fact, subject to the limitations set forth in their
respective certificates of authority shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or
any other officer of the Company may at any time revoke all power and authority previously given to any attorney -in -fact.
` �A OA S" �n IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by
its vice president and its corporate seal to be hereto affixed this 27th day of January, 2010
MIT
UNITED FIRE & CASUALTY COMPANY
s� � S
By
State of Iowa, County of Linn, ss:
On 27th day of January; 2010, 'before me personally came Dennis J. Richmann Vice President
to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice`'
President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that
he knows the seal - of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given; by the Board of Directors of said corporation and that he signed his name thereto pursuant to like
authority, and acknowledges same to be the act and deed of said corporation.
Mary A. Jansen
Iowa N ri lSeal (L
commission nuMber 713273 T`
My Commission Expires 10/26113 Notary Public
I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy
of the Power of Attorney and affidavit, and the copy of the Section of the by -laws of said Company as set forth in said Power of
Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts
thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and
effect.
In testimooLy whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company
this "' day of - bNGtx'L� 20 1- -) — .
Secretary
BPOA0019 0611